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HomeMy WebLinkAbout10-2889I.. u0 hil 9:26 Herbert P. Henderson, II, Esquire PA ID No.: 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH K. NAGLE, : Plaintiff, V. No.: to KIMBERLY M. NAGLE, Defendant. COMPLAINT FOR CUSTODY NOW COMES Plaintiff, Joseph K. Nagle, by and through counsel, Herbert P. Henderson, II, Esquire, and respectfully avers as follows: 1. Plaintiff is Joseph K. Nagle (hereinafter referred to as "Father")an adult individual residing at 210 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Kimberly M. Nagle (hereinafter referred to as "Mother"), an adult individual residing at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. rn q. 60 rt- ca S P d a 41 }I e .?G?So H 40 alt '371 3. Father seeks a custody order regarding the parties' minor children Breanna J. Nagle, age 8, having been born on October 28, 2001; and Tyler J. Nagle, age 4, having been born on June 25, 2005. 4. The children were born out of wedlock. 5. During the past five (5) years, the children have resided with the following persons, at the following addresses: a. From 2001-2006: With Joseph K. Nagle and Kimberly M. Nagle at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055; b. 2006 to the present: With Kimberly M. Nagle, Charles Barge, Chesney Barge on a full time basis and on a part-time basis Jordan Barge (approximate age 15 years) and Savannah Barge (approximate age 11 years) at 3320 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. C. Four days a month with Joseph K. Nagle, Randi Liddick and Cameron J. Hartmoyer (age 5) at 210 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. The Plaintiff/Father is the children biological father Breanna J. Nagle and Tyler J. Nagle; Kimberly M. Nagle is the biological mother of Tyler J. Nagle. 7. Mother resides with the children and Charles Barge, Chesney Barge and on a part-time basis Jordan Barge and Savannah Barge 8. Father resides with Randi Liddick and her son, Cameron J. Hartmoyer. 9. The parties hereto are divorced. 10. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Father does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served if this Honorable Court enters an Order providing Father and Mother with shared legal and physical custody of the children, pending the custody conference for the following reasons: a. The children have resided in Pennsylvania with their Father on a full time basis from Breanna's date of birth until 2006, and from Tyler's date of birth until 2006.. b. The children attend school in the West Shore School District in Cumberland County, Pennsylvania and wish to remain in their school. C. Father has the facilities and the ability to provide excellent care for the parties' children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been names as parties to this action. WHEREFORE, Father respectfully requests this Honorable Court enter an Order as follows: (a) Schedule a custody conference; (b) Grant the parties shared legal custody of the children; and (c) Grant the parties shared physical custody of the children Respectfully submitted, April 29, 2010 Herbert P. Henderson, II PA ID No. 56304 55 West High Street Elizabethtown, PA 17022 (717) 367-2800 VERIFICATION I, Joseph K. Nagle, the Plaintiff herein, state that the averments contained in the foregoing pleading are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4 nR 2c Jos oh K. ag e `~ .~ '~ JOSEPH K. NAGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2889 CIVIL ACTION LAW KIMBERLY M. NAGLE, IN CUSTODY Defendant ,~-'"' ~~ ~~-,-, fFC ORDER OF COURT ~~ ~~ '_' `r- ~_ -~ _;` AND NOW this ~ day of July 2010, upon consideration of the attached'-~ustoc~y~ ~ << Conciliation Report, it is Ordered and Directed as follows: ~ ~ ~' Legal Custody: The Father, Joseph Nagle, and the Mother, Kimberly Nagle, shall have shared legal custody of Breanna Nagle, born 10/28/2001 and Tyler Nagle, born 06/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Pursuant to a repeating two week schedule, during the summertime when there is no school, Father shall have physical custody in week one from Friday 6:00 pm until Tuesday 7:00 pm. In week two Father shall have physical custody from Sunday 4:00 pm until Monday 8:00 pm. b. During the school year, Father shall have physical custody on alternating weekends from after school on Friday until Tuesday morning. Father shall also have physical custody every Tuesday and Wednesday from after school until 8:00 pm. c. The transportation obligations shall be shared between the parties (the non- custodial parent picks up the Children). d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling (with the focus on co-parenting counseling) with amutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parry, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Dom' tribution: /E izabeth Saylor, Esquire ~~e bert Henderson, Esq., 55 West High Street, Elizabethtown, PA 17022 ,/john J. Mangan, Esquire igs rn~a~ 'Y e~iv ~~ Summertime Physical Custody Schedule Monda Tuesday Wednesday Thursday Friday Saturday Sunday D M M M M M D D D D D M M M M M M D School Year Physical Custody Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M D M D M M D D D D D D M D M M M M TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 pm until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Inde endence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half pm on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father JOSEPH K. NAGLE, Plaintiff v. KIMBERLY M. NAGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2889 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Breanna J. Nagle 10/28!2001 Mother and Father Tyler J. Nagle 06/25/2005 Mother and Father 2. A Conciliation Conference was held with regard to this matter on June 14, 2010 with the following individuals in attendance: The Mother, Kimberly Nagle, with her counsel, Elizabeth Saylor, Esq. The Father, Joseph Nagle, with his counsel, Herbert Henderson, II, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ._- Date John gan, Esquire Cus ody onciliator JOSEPH K. NAGLE 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA u' 2010-2889 CIVIL ACTION LAW KIMBERLY M. NAGLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 14, 2010 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, i By: /s/ ohn ,Man an r. Es . Custody Conciliator The Co~rt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites ~ct of 1990. For information about accessible facilities and reasonable accommodations available to disab ed individuals having business before the court, please contact our office. All arrangements must be made at last 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hewing. YOU IHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATT RNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association MC~~ fed -fib c-, o ~, .- --- ~• ~ ~ ((J ~ 32 South Bedford Street __~_ o ~-~ ~-~{~( }}.~;~~.~C~se~+n Carlisle, Pennsylvania 17013 ''' ~ ~ ~ ~k ` ;_, _ (J' Telephone (717) 249-3166 4 ~ ' ` .b $~ ~ •1b ~Q tace.c~ ~ n 's~i fie. ~; ~ ~ -^ ~~ ~~ _~ JOSEPH K. NAGLE : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION KIMBERLY M. NAGLE Defendant : NO. 10-2889 CIVIL TERM IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 4~' day of August, 2010, upon consideration of Defendant's Emergency Petition for Special Relief, the matter is referred to the custody conciliation process to be addressed at the conciliation conference held on 14 September, 2010 at 1 pm. Plaintiff and Defendant are further ordered to comply with the Order dated July 8, 2010. / John J. Mangan, Esquire Conciliator C i [ Ad ~~~ ~ ~- i ourt m n strator - Qv ~ - ~ ~ £, PY ~rbert P. Henderson, II, Esquire ,, For the Plaintiff ~ ,, ~=;: ~' abeth Saylor, Esquire 7- w, ~a ~' ' ~ ' ' y` For the Defendant c'-- - - ~~ II ~ ~ ~ - ~ o ~ s ,~ il~c $~5 C[O :~ o ~ c - .. ~~ BY THE COURT, JOSEPH K. NAGLE, Plaintiff v KIMBERLY M. NAGLE, Defendant By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of August, 2010, upon consideration of Defendant's Emergency Petition for Special Relief, and following a proceeding at which counsel presented the positions of their clients, it is ordered and directed that pending a custody conciliation conference presently scheduled for September 14, 2010, physical custody of the parties' children shall be in the Defendant, Kimberly M. Nagle. ?Herbert P. Henderson, II, 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 For Plaintiff ,? Elizabeth J. Saylor, Esquire 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 For Defendant :mae [ £5 rY1 S? [ CC g??1« ,Q a O Esquire p~ 12 2010 JOSEPH K. NAGLE, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2889 CIVIL ACTION LAW KIMBERLY M. NAGLE ~°? r., IN CUSTODY -~ ~ t ~; ca _ , Defendant `-`-' ` ~'; ;? °: = ,! ;- r ;, iii t__ ....{ v I ' Prior Judge: J. Wesley Oler, Jr., J . ~-m-?"= -~ .~ ;, ~ a ° ~.' r ~ ORDER OF COURT - ~} :. ` -~~ ; ~ =' .: ., .;~ AND NOW this ~ ~ day of October 2010, upon consideration of the attached ~u~dy Conciliation Report, it is Ordered and Directed asfollows: - All prior Orders in this matter are superseded by the instant Order and the contempt issues raised by the parties are hereby held in abeyance. 2. Legal Custody: The Father, Joseph Nagle, and the Mother, Kimberly Nagle, shall have shared legal custody of Breanna Nagle, born 10/28/2001 and Tyler Nagle, born 06/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of Tyler Nagle subject to Father's periods of physical custody as the parties may agree; in the absence of agreement, the parties shall adhere to the schedule below. Mother shall have primary physical custody of Breanna Nagle subject to Father's physical custody as follows: a. Pursuant to a repeating two week schedule, during the summertime when there is no school, Father shall have physical custody in week one from Friday 6:00 pm until Tuesday 7:00 pm. In week two Father shall have physical custody from Sunday 4:00 pm until Monday 8:00 pm. b. During the school year, commencing Tuesday 09/21/10, in week one Father shall have physical custody on Tuesday from after school until Wednesday morning and commencing 09/24/10, on alternating weekends from after school on Friday until Monday morning. In week two, Father shall have physical custody from after school Tuesday until Wednesday morning. c. The transportation obligations shall be shared between the parties (the non- custodial parent picks up the Child/ren). The Court takes specific note that there have been significant difficulties between the parents in regard to the custody exchanges; as such, the parties are directed to conduct the custody exchanges in a civil peaceful manner. It is not in the best interest of the Children to be witness to the parents act in an inappropriate manner. Distribution: ~zabeth Saylor, Esquire ~rbert Henderson, Esq., 55 West High Street, Elizabethtown, PA 17022 ~hn J. Mangan, Esquire Cvr~tF.,S r-'i ~.~ ~~ Summertime Ph sical Custod Schedule Monda Tuesda Wednesda Thursda Frida Saturday Sunday D M M M M M D D D D D M M M M M M D School Year Ph sical Custod Schedule Monda Tuesda Wednesda Thursda Frida Saturda Sunda M M D D M M M D D D D M M D D M M M M M TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanks 'vin Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the da after Thanks 'vin Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father d. The parties may arrange the custody schedule in a manner different from above by the mutual agreement of the parties. 4. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling (with the focus on co-parenting counseling) with amutually-agreed upon professional. Additionally, the parties have agreed to, and shall, have Breanna undergo an individual counseling evaluation to ascertain whether Breanna needs counseling and the parties shall follow the recommendations of said evaluation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. The parties shall not discuss custodial or child support litigation issues with the subject Children. Furthermore, the parties shall not embroil the Children or have the Children act as "go-betweens" for whatever problems the parties have between themselves. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. Either' party may contact the assigned .conciliator within ninety (90) days of the instant Order to schedule a status conference or to request a hearing before the Court of Common Pleas. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. T__ ~1_ _ /^I _ OCT "~ 2 2010 JOSEPH K. NAGLE, Plaintiff v. KIMBERLY M. NAGLE, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2889 CIVIL ACTION LAW . IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Breanna J. Nagle 10/28/2001 Mother and Father Tyler J. Nagle 06/25/2005 Mother and Father 2. A Conciliation Conference was held with regard to this matter on June 14, 2010, an Order was issued July 08, 2010, an Order issued July 10, 2010, an Order issued August 02, 2010 in regard to an emergency petition, an Order issued August 04, 2010 in regard to an emergency petition, an Order issued August 11, 2010 in regard to Mother's petition for emergency relief filed August 09, 2010, a hearing was scheduled for August 17, 2010 directing Father to return the Child, and a conciliation conference was held September 14, 2010 with the following individuals in attendance: The Mother, Kimberly Nagle, with her counsel, Elizabeth Saylor, Esq. " The Father, Joseph Nagle, with his counsel, Herbert Henderson, II, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. Date John J. an ,Esquire Custo C nciliator N LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com JOSEPH K. NAGLE, Plaintiff V. KIMBERLY M. NAGLE, Defendant FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 22 PM 2: 00 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes The Law Offices of Peter J. Russo, P.C. (hereinafter "Counsel"), attorneys for the Defendant, Kimberly M. Nagle, and files this Petition for Court Approval to Withdraw, and in support thereof, states the following: 1. On or about May 13, 2010 counsel was retained by Ms. Nagle who has a mailing address of 3320 Lisburn Road, Mechanicsburg, PA 17055. 2. Counsel has represented Ms. Nagle in the above captioned matter since that time. 3. Recently, Defendant notified Counsel that she no longer wants to be represented by the undersigned Counsel in the above captioned matter due to outstanding and increasing legal expenses and financial limitations. 4. Defendant signed the attached Praecipe to enter her appearance pro se, further establishing her desire. A copy of said Praecipe is attached hereto and incorporated herein as Exhibit A, the original of which is being filed simultaneously herewith. 5. Petitioner has served a notice of the within petition on the party in the manner provided by Rule 440. A copy of the notice and the original certificate of service is attached hereto and incorporated herein as Exhibit B. 6. Opposing counsel, Herbert P. Henderson, II, Esquire, has indicated that he does not oppose the undersigned counsel's Petition to Withdraw. 8. The Honorable Judge J. Wesley Oler, Jr. has entered previous Orders in this matter. WHEREFORE, the Law Offices of Peter J. Russo, P.C. respectfully requests this Honorable Court to grant its Petition to Withdraw as Counsel for Defendant in the above-captioned matter. Respectfully submitted, Date: /f a LA OF PETER J. RUSSO, P.C. Pe ners Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 FX: 717-591-1756 JOSEPH K. NAGLE, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 10-2889 CIVIL TERM KIMBERLY M. NAGLE, Defendant VERIFICATION I, Kimberly M. Nagle, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ) ,5 - (0 EXH JOSEPH K. NAGLE, Plaintiff V. KIMBERLY M. NAGLE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM PRAECIPE Kindly withdraw my appearance as counsel on behalf of Kimberly M. Nagle, Defendant in the above-captioned matter. Date: C) Law Offs s ete?-J. Russo, P.C. 5006 E. Tiifidle Rd, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 lizabeth J. Saylor, Esquire D. No. 200139 Kindly enter my appearance Pro Se in the above-captioned matter. Date:_ Kim 4i le, Pro Se 3320 Lis urn Road Mechanicsburg, PA 17055 9)90 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com JOSEPH K. NAGLE, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 10-2889 CIVIL TERM KIMBERLY M. NAGLE, Defendant NOTICE OF PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT To: Kimberly M. Nagle PLEASE TAKE NOTICE that, per your request, the undersigned counsel is filing the attached petition to withdraw its appearance as your counsel in the above stated matter. Date: A 4 L9&f.,Mchs.d Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 JOSEPH K. NAGLE, Plaintiff V. KIMBERLY M. NAGLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Notice of Petition for Court Approval to Withdraw as Counsel for Defendant upon the person(s) and in the manner indicated below: US Mail addressed as follows: Kimberly Nagle 3320 Lisburn Road Mechanicsburg, PA 17055 Defendant Herbert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 Counsel for Plaintiff Date: 112.11 D Amber L. Southard, Paralegal 4 , 1 0 JOSEPH K. NAGLE, Plaintiff V. KIMBERLY M. NAGLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition for Court Approval to Withdraw as Counsel for Defendant upon the person(s) and in the manner indicated below: US Mail addressed as follows: Kimberly Nagle 3320 Lisburn Road Mechanicsburg, PA 17055 Defendant Herbert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 Counsel for Plaintiff Date: _u ? n I 10 Amber L. Southard, Paralegal NOV 2 3 ho!"t JOSEPH K. NAGLE, . Plaintiff V. . KIMBERLY M. NAGLE, . Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2889 CIVIL TERM IN RE: PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT ORDER OF COURT AND NOW, this _Z ? .day of _ Q d V , 2010, upon consideration of the Petition for Court Approval to Withdraw as Counsel for Defendant, and all other matters of record, the request of Elizabeth J. Saylor, Esquire, of the Law Offices of Peter J. Russo, P.C. for Court Approval to Withdraw as Counsel for Defendant, in the above-captioned matter, is hereby GRANTED. BY THE COURT, Distribution List: lizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 imberly Nagle 3320 Lisburn Road Mechanicsburg, PA 17055 Defendant ,,,14esffiert P. Henderson, II, Esquire 55 West High Street Elizabethtown, PA 17022 Counsel for Plaintiff c "n c ,,, a °' r ?m M 2 rte, -: rt "ate . cnr- ? ) r ° C z = Q=a o DC 4 c..z